“If these be dicta, .they are dicta from on high, and we are not inclined to disregard their counsel.”
How later courts described this case
- “If these be dicta, .they are dicta from on high, and we are not inclined to disregard their counsel.”
Written by the judges who cited it.
The opinion
RIVES, Circuit Judge,
with whom
WISDOM, GOLDBERG, and GODBOLD, Circuit Judges, join, dissenting.
I respectfully dissent for the reasons stated in Part I of the original panel opinion, 473 F.2d 1323 at 1326-1328 , and in the panel opinion on rehearing, 489 F.2d 1034 -1036.